Lawyers who sued police chief Kale Kayihura and seven other senior police officers over torture of civilians have begrudgingly allowed the Directorate of Public Prosecutions (DPP) to take over the controversial case.
The concession came a week after the DPP asked the High court to review a Makindye chief magistrate's ruling that the state should write a formal application if it wanted to prosecute the case. The DPP had disputed the ruling, saying his office has an automatic right to take over any criminal case the moment it writes a notification letter to a magistrate.
At the High court yesterday, the lawyers first engaged the presiding judge Joseph Mulangira in a series of sharp exchanges before conceding to the DPP's application.
Justice Mulangira threw the first stone, casting doubt whether the private lawyers had got instructions to represent Andrew Ssebitosi, Joseph Kaddu and Rogers Ddiba, who were allegedly battered by police.
"Are you sure that you have instructions to represent the complainants because they [complainants] seem to disown you?" he asked the lawyers, after the trio told the judge that they had not given instructions to any lawyer to represent them.
On behalf of the lawyers, Abdallah Kiwanuka shot back: "My lord, we are not happy with the way you are conducting the case because this is not a trial court. Such issues can only be raised at a Magistrate's court where the case is being tried."
But Justice Mulangira wasn't persuaded.
"As an advocate, you cannot force yourself onto a client. They are saying that they have no lawyer in this court," Mulangira said.
This angered Kiwanuka, who asked the judge to stay the case for some minutes: "Going by the way you are conducting the case, we beg to approach you in your chambers. With tensions mounting, Justice Mulangira told Kiwanuka not go into "funny things" but just submit on "issues".
Kiwanuka then presented to court three documents in which Ssebitosi, Kaddu and Ddiba were giving the lawyers instructions to prosecute the case.
"We don't have any document to show that the complainants have withdrawn instructions from us," he said. "The matter before you is not for representation. Rather, it's if the DPP should take over."
Kiwanuka was supported by Daniel Walyemera. He said: "This is a matter of great public importance. The complainants ran to court accusing the police officers of torture. Court cannot be bogged down with technicalities."
In response, principal state attorney, Lino Anguzu, supported the judge. "We cannot go on like this without knowing if they have instructions," he said.
After submissions, Justice Mulangira retreated to his chambers for fifteen minutes to write his ruling. With the judge away, the DPP's lawyers and the private lawyers agreed that the DPP should take over the case.
At 11:30am, the judge returned and Kiwanuka formally told him what they had agreed with the state. Last week, the lawyers had objected to the DPP's takeover citing conflict of interest since the DPP relies on police to investigate criminal matters.
Gen Kayihura is jointly charged with senior police officers such as Andrew Kaggwa, James Ruhweza, Moses Nanoka, Samuel Bamuzibire, Patrick Muhumuza, Wesley Nganizi and Geoffrey Kaheebwa. The case resumes on August 29, 2016 and it remains to be seen how the DPP will handle it.
dkiyonga@observer.ug
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